Crocs has asked the Supreme Court to decide when a single International Trade Commission decision becomes final for appellate purposes. The petition arises from an ITC trademark dispute over knock-off Classic Clogs, but the Federal Circuit never reached the merits of Crocs's case against the three respondents who actually litigated—Hobby Lobby, Orly Shoe, and Amoji. The panel held that Crocs's appeal of the no-violation finding came 39 days too late, even though Crocs filed within 60 days after the same commission determination became final as to the exclusion order.
In its petition, Crocs presents the question of whether an agency disposition can be final as to some issues, thus triggering appeal deadlines, while other issues from the same disposition remain subject to further executive or administrative review. Crocs points to a circuit split: the D.C. and Fourth Circuits treat an agency order as final all at once, while the Ninth Circuit and now the Federal Circuit allow issue-by-issue finality. The Federal Circuit denied rehearing en banc without noted dissent.
The Solicitor General's response is due October 28. This marks Crocs's second trip to the Supreme Court in about a year; its earlier petition on whether "patented" constitutes false advertising was denied in October 2025.